Sri. Basavaraj v. State of Karnataka

Order bearing No.RD-59-LGP-2000, Bangalore dated

22.02.2003 wherein, the State Government has taken a decision that such lands which were reserved as Sendhi Vana, for the purpose of extracting arrack in many of the districts have to be de-reserved and handed over to Revenue Department for further action. It is pointed out from the said Government Order, that in respect of Chitradurga District, an extent of 8817.18 acres of land have been de-reserved from Sendhi Vana and made available to the Revenue Department for further action.

¶4Further, the learned counsel has also drawn the attention of this Court to Clause-5 of the Government Order wherein, it is clearly stated that the de-reserved lands may be granted to landless persons under the provision for regularization of unauthorized occupation to an extent not exceeding 05 acres to each applicant.

¶5Learned counsel however submits that it is possible that the petitioner is in occupation of 04 acres of land in terms of the application filed by her.

¶6Having regard to the admitted position that the State Government itself issued a Government Order in the year 2003 to regularize unauthorized occupation of such lands in favour of persons who do not have any agricultural lands with them, this Court deems it fit to dispose of the writ petition as under: ORDER i. The writ petition is allowed in part.

ii. The respondent - Tashildar is directed to place the application of the petitioner along with his recommendation taking note of the survey report earlier made available to the Tashildar and place the same before the respondent - Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of a copy of this order.

iii. The Committee shall re-consider the application having regard to the Government order dated 22.02.2003 at Annexure 'B' and pass necessary orders, having regard to the claim made by the petitioner in the application and the verification of the factual aspects, as expeditiously as possible and at any rate within a period of two months from the date when which the application is placed by the Tashildar before the Committee.

Ordered accordingly.

¶7Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

TL List No.: 1 Sl No.: 37

NC:(2026:KHC:9520( WP(No.(8491(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(17 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(R(DEVDAS( WRIT(PETITION(NO.(8491(OF(2025((KLR-REG)( ( BETWEEN:(( ( , SRI.,BASAVARAJ, S/O,CHIKKANNA,,, AGED,ABOUT,39,YEARS,,, RESIDENT,OF,KILARADALLI,VILLAGE,,, PILALI,POST,,J,G,HALLI,HOBLI,,, HIRIYURU,TALUK,,, CHITRADURGA,DISTRICT-572,143., …PETITIONER, , (BY,SMT.,RATHNAMMA,E.,,ADVOCATE), , AND:( ( 1., STATE,OF,KARNATAKA, REPRESENTED,BY,PRINCIPAL,SECRETARY,,, Digitally signedtiby REVENUE,DEPARTMENT,,, LAKSHMI0T MULTI,STORIED,BUILDING,,, Location: High0Court BENGALURU-560,001., of0Karnataka , 2., DEPUTY,COMMISSIONER,, CHITRADURGA,DISTRICT,,, CHITRADURGA-577,501., , 3., TAHSILDAR,, HIRIYURU,TALUK,,HIRIYURU,,, CHITRADURGA,DISTRICT-572,143., , 4., COMMITTEE,FOR,REGULARISATION,OF, UNAUTHORISED,OCCUPATION,,, REP,BY,SECRETARY,AND,TAHSILDAR,,, NC:(2026:KHC:9520( WP(No.(8491(of(2025( ( , ,,HC-KAR( ( ( HIRIYURU,TALUK,,, CHITRADURGA,DISTRICT-572,143., …RESPONDENTS, , (BY,SMT.,NAVYA,SHEKHAR,,AGA), , , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, DIRECT, RESPONDENTS,TO,CONSIDER,THE,APPLICATION,FILED,BY,THE, PETITIONER, FOR, REGULARISATION, AND, TAKE, DECISION, IN, SO,FAR,AS,IT,RELATES,TO,4,ACRES,OF,LAND,IN,SY.NO.11,OF, KILARADAHALLI, VILLAGE,, JAVANAGONDANAHALLI, HOBLI,, HIRIYURU,TALUK,,CHITRADURGA,DISTRICT,IS,CONCERNED,AS, PER, THE, DETAILS, SHOWN, IN, THE, FROM, NO.57, COPY, OF, WHICH,IS,PRODUCED,AS,ANNEXURE-A,IN,THE,LIGHT,OF,THE, GOVERNMENT, ORDER, BERING, NO.RD, 59, LGP, 2000, BANGALORE,DATED,22/02/2003,AND,UNIQUE,QUE,NO.RD,11, SVEE,AND,RAA,2003,DATED,22/02/2003,COPY,OF,WHICH,IS, PRODUCED, AT, ANNEXURE-B, AND, PASS, ORDER, FOR, REGULARISATION, OF, UNAUTHORISED, OCCUPATION, OF, THE, PETITIONER,AS,PER,THE,REPRESENTATION,DATED,03/02/2025, TRUE,COPY,OF,WHICH,IS,PRODUCED,AS,ANNEXURE-C., , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,R,DEVDAS, , ORAL(ORDER( , Learned, Additional, Government, Advocate, accepts, notice,for,all,the,respondents.,, , , 2., It, is, the, contention, of, the, petitioner, that, the, petitioner, has, filed, an, application, in, Form, No.57, on, 31.1.2019 seeking regularization of unauthorized occupation of 04 acres of land in Sy.No.39 of Kilaradahalli Village, Javanagondanahalli Hobli, Hiriyuru Taluk, Chitradurga District, as per Annexure-A. 3. Learned counsel for the petitioner has drawn the attention of this Court to Annexure-'B' which is a Government